Kanthimathi K v. The Thasildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2024

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA K.Kanthimathi ... Petitioner /vs./ 1.The Tahsildar, Sivagiri Taluk, Tenkasi District.

2.The Firka Surveyor, Sivagiri Taluk, Tenkasi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents to survey the land situated in Natham Survey No.1114/3 Plot No.39 as per the sale deed in Doc. No. 2454/2013 dated 23.10.2013 on the file of the Sub-Registrar, Vasudevanallur situated in Naranapuram Part I, Athuvazhi Village, Sivagiri Taluk, Tenkasi District based on petitioner's representation dated 12.02.2024 and 23.03.2024 and fee remittance dated 12.02.2024 within the time limit that may be stipulated by this Court.

1/5

For Petitioner : Mr.K.Ranjith Kumar For Respondents : Mr.D.S.Nedunchezian Government Advocate

ORDER

This writ petition is filed for a Mandamus directing the respondents to survey the land situated in Natham Survey No.1114/3 Plot No.39 as per the sale deed in Doc. No.2454/2013 dated 23.10.2013 on the file of the Sub-Registrar, Vasudevanallur situated in Naranapuram Part I, Athuvazhi Village, Sivagiri Taluk, Tenkasi District, based on the petitioner's representations dated 12.02.2024 and 23.03.2024.

2. The case of the petitioner is that she has made representations dated 12.02.2024 and 23.03.2024 to the respondents to survey and demarcate the petition mentioned property. However, they did not evoke any response. Hence, the petitioner is before this Court.

3. Heard the learned counsel on either side.

2/5

4. Considering the request of the petitioner and also the fact that the petitioner has made her representations as early as in February and March, 2024, a mandamus is issued to the respondents to conduct survey upon the property. The petitioner shall submit all the relevant records to show her title to the property and the respondents shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter proceed to pass orders either surveying the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is allowed. No costs. Speaking : Yes / No 24.09.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No mm 3/5

To 1.The Tahsildar, Sivagiri Taluk, Tenkasi District.

2.The Firka Surveyor, Sivagiri Taluk, Tenkasi District.

4/5

P.T.ASHA, J.

mm 24.09.2024 5/5